The Commissioner must establish a register of registrable offenders called the Child Sex Offender Register.

The register must contain the following information in relation to each registrable offender (to the extent that it is known by the Commissioner):

The register may, in relation to each registrable offender, contain any other information held by the Police that relates to monitoring, or managing the risk posed by, the registrable offender.

This section applies—

The sentencing Judge must, at the time of sentencing, explain to the registrable offender that the offender is a registrable offender under this Act.

Failure to give the explanation required by subsection (2) does not affect the validity of the sentence or order or affect the offender’s reporting obligations.

As soon as practicable after a registrable offender is sentenced, a Registrar of the sentencing court must give written notice to the offender of—

As soon as practicable after a registrable offender is sentenced, a Registrar of the sentencing court must give written notice of that fact to—

As soon as practicable before or after a registrable offender who has been in custody for 14 or more days ceases to be in custody, whether in respect of a qualifying offence or otherwise, the chief executive of the Department of Corrections must give written notice to the offender of—

The Commissioner may, if they suspect that a registrable offender may not have received notice, or may otherwise be unaware, of the offender’s reporting obligations, cause written notice to be given to the offender of—

This section applies to a corresponding registrable offender who enters New Zealand, if the offender has not previously been given notice of the offender’s reporting obligations in New Zealand.

The Commissioner must, as soon as practicable after becoming aware that the offender has entered New Zealand, cause written notice to be given to the offender in accordance with the requirements of section 14.

For the purposes of this Act, the relevant personal information to be reported by a registrable offender is the following information as it applies at the time at which the registrable offender makes a report:

Address and contact details

Resident children

Motor vehicles

Occupation and other activities

Nationality and citizenship

Phone, email, and internet access

A registrable offender, in reporting the name of a locality under subsection (1)(e) or (i)(iv), must report the name of an identifiable area or location with the greatest specificity that is reasonably possible.

In this section, computer system—

A registrable offender must make an initial report to the Commissioner of all the registrable offender’s relevant personal information within 72 hours of—

A registrable offender must periodically make reports (each a periodic report) of the offender’s relevant personal information to the Commissioner until the offender’s reporting period ends.

However, a registrable offender whose reporting obligations are suspended is not required to make periodic reports while the suspension is in force.

A periodic report includes a report that simply confirms that the registrable offender’s relevant personal information stated in the last report previously made by the offender—

Subsection (5) applies if, since a registrable offender last reported their relevant personal information under section 17 or this section, the registrable offender has entered, and ceased to be in, custody.

The registrable offender must, at the same time as making a periodic report, report to the Commissioner details of when and where that custody occurred.

A registrable offender must make a periodic report in each year during the reporting period, starting in the first year after the offender makes their initial report.

The registrable offender must make the report—

This section applies to a registrable offender if the offender’s relevant personal information specified in the following sections is to change:

The registrable offender must report the anticipated change to the Commissioner at least 48 hours before the anticipated change occurs.

However, if the registrable offender is outside New Zealand, the registrable offender must report the change or the anticipated change to the Commissioner no more than 72 hours after the registrable offender later enters New Zealand (not counting any time spent in custody).

If exceptional circumstances arise making it impracticable for a registrable offender to make the report at least 48 hours before the anticipated change occurs, it is sufficient compliance with subsection (2) if the registrable offender reports the anticipated change to the Commissioner—

The reporting requirement in subsection (2) is satisfied if—

This section applies to a registrable offender if the offender’s relevant personal information under the following sections changes:

If the change occurs while the registrable offender is in New Zealand, the registrable offender must report the change to the Commissioner—

If the change occurs while the registrable offender is outside New Zealand, the registrable offender must report the change to the Commissioner no more than 72 hours after the registrable offender later enters New Zealand (not counting any time spent in custody).

See section 33 (which provides for modified reporting procedures for protected witnesses).

This section applies to any change to a registrable offender’s relevant personal information other than a change specified in section 20(1) or 20A(1).

If the change occurs while the registrable offender is in New Zealand, the registrable offender must report the change to the Commissioner—

If the change occurs while the registrable offender is outside New Zealand, the registrable offender must report the change to the Commissioner no more than 72 hours after the registrable offender later enters New Zealand (not counting any time spent in custody).

See section 33 (which provides for modified reporting procedures for protected witnesses).

This section applies to a registrable offender—

This section overrides sections 20 to 20B.

The registrable offender must report the change to the Commissioner—

See section 36(1)(a), which provides that a registrable offender’s reporting obligations under section 18(1) are suspended for any period during which the registrable offender is in custody for more than 7 days.

This section applies if a registrable offender intends to—

The registrable offender must report the intended travel to the Commissioner at least 48 hours before travelling away from their place of residence.

The registrable offender must report the following details to the Commissioner:

If exceptional circumstances arise making it impracticable for the registrable offender to make the report at least 48 hours before travelling, it is sufficient compliance with this section if the registrable offender reports the required information to the Commissioner—

In this section, travel away from their place of residence, in relation to a registrable offender, includes travel between different places of residence where the registrable offender resides.

This section applies if a registrable offender intends to leave New Zealand for more than 48 hours.

The registrable offender must report the intended travel to the Commissioner at least 7 days before leaving New Zealand.

The registrable offender must report the following details to the Commissioner:

If exceptional circumstances arise making it impracticable for the registrable offender to make the report at least 7 days before leaving New Zealand, it is sufficient compliance with this section if the registrable offender reports the required information to the Commissioner—

This section applies if a registrable offender decides to change any details reported to the Commissioner under section 21 or 21A.

The registrable offender must report the changed details to the Commissioner—

This section applies to a registrable offender who—

The registrable offender must report their return to New Zealand to the Commissioner no more than 72 hours after re-entering New Zealand (excluding any period spent in custody).

The Commissioner may require the registrable offender, for inspection and copying,—

A report by a registrable offender under this subpart must be made,—

A direction by the Commissioner under subsection (1)(a) or (b)—

This section does not apply if, under section 25(2) or (6), the Commissioner permits, or the regulations provide for, a report to be made in a way that is inconsistent with this section.

A registrable offender required to make a report under this subpart must do so in accordance with subsection (2), except as provided by subsections (3) to (6).

The registrable offender must make the report in a manner permitted by the Commissioner or prescribed by the regulations, either generally or in a particular case (including by phone or by email or other form of electronic transmission).

Subsection (4) applies to a registrable offender required to make any of the following reports under this subpart:

The registrable offender must attend in person to make the report.

Subsection (6) applies to a registrable offender required to make a report under section 20B about a change in the registrable offender’s relevant personal information specified in section 16(1)(l) to (o) (information about the registrable offender’s nationality and citizenship).

The registrable offender must make the report—

A report made under this section or section 25A may be received by a constable or an authorised person.

This section applies to a registrable offender who has a disability that makes it impossible or impracticable for the registrable offender to make a report in the manner required in section 25.

A nominated person may make the report (so far as is reasonably possible) on the registrable offender’s behalf.

A report made by the nominated person on the registrable offender’s behalf must be made—

In this section, nominated person means a person who—

A person making a report under this subpart by attending in person at a police station or other place approved by the Commissioner—

A constable or an authorised person receiving the report—

A constable or authorised person who receives a report under this subpart must, as soon as practicable,—

The constable or authorised person must record receipt by recording in the register the following information about the relevant registrable offender:

The constable or authorised person must acknowledge receipt by providing the following information to the person who made the report:

The Commissioner must—

If a report is required to be made by attending in person, the person making the report must also—

The constable or authorised person receiving the report may waive any requirements of subsection (1) if the constable or authorised person is otherwise satisfied as to the identity of the person making the report.

If a report is required to be made by attending in person, the person making the report must also present for inspection the following documents (if any) held by or reasonably available to the registrable offender:

The constable or authorised person receiving the report may copy any document presented for inspection under subsection (1) or (3).

If a report is made otherwise than in person, the regulations—

This section applies to a constable or an authorised person who—

The constable or authorised person may—

A constable or an authorised person receiving a report made in person under this subpart may take, or may cause to be taken by a person authorised by the constable or the authorised person, photographs of the registrable offender for the purpose of identification from time to time.

Before attempting to exercise a power under section 29 or 30, the constable or authorised person must inform the registrable offender in language likely to be understood by them—

This section applies to each of the following persons:

This section (except subsections (4) to (7)) also applies to a registrable offender who is receiving protection under a foreign witness protection law or foreign witness protection scheme prescribed by the regulations for the purposes of this subsection, or who has the same status as such a person under an order made under a corresponding Act prescribed by the regulations for the purposes of this subsection.

It is sufficient compliance with the requirements of this Part—

The Commissioner must make an order declaring that a registrable offender who is or has been a participant in a witness protection programme either is, or is not, a person to whom this section applies—

On making such an order, the Commissioner must take reasonable steps to notify the person concerned of the terms of the order.

A person who receives such a notification may, within 14 days after receiving it, apply in writing to the Commissioner for a review of the decision.

On receiving an application referred to in subsection (6), the Commissioner—

For the purposes of this subpart, a registrable offender’s reporting obligations begin—

A registrable offender must continue to comply with the reporting obligations imposed by this subpart for—

Subsection (1) applies to a corresponding registrable offender—

However, for the purpose of calculating the length of a corresponding registrable offender’s reporting period, and despite section 34(c), the period is taken to have begun—

A registrable offender remains on the register for the duration of their reporting period, including (despite section 36(5)) any period during which their reporting obligations are suspended.

If a registrable offender has reporting obligations in respect of more than 1 qualifying offence or corresponding offence, the reporting periods for each of those offences run concurrently (to the extent that they overlap), not cumulatively.

A registrable offender’s reporting obligations are suspended for any period during which—

The Commissioner may, on their own initiative or on the application of the offender, suspend the reporting obligations of a registrable offender if the Commissioner is satisfied, on reasonable grounds,—

The Commissioner must, as soon as is reasonably practicable, give the registrable offender written notice of a decision made under subsection (2)—

A suspension granted under subsection (2) takes effect when the Commissioner gives the notice to the registrable offender.

Any period during which a registrable offender’s reporting obligations are suspended under subsection (1) is not to be taken into account for the purpose of calculating when the offender’s reporting period ends.

The Commissioner may at any time revoke a suspension granted under section 36(2) if the Commissioner believes, on reasonable grounds,—

If the Commissioner revokes a suspension, they must give the registrable offender written notice of the revocation as soon as is reasonably practicable.

The revocation takes effect when the Commissioner gives the notice to the registrable offender.

A registrable offender who is subject to lifetime reporting obligations under section 35(1)(a), and who is eligible under subsection (2), may apply to a District Court to have their reporting obligations indefinitely suspended.

A registrable offender is eligible under this subsection if—

Police and the Department of Corrections are parties to an application made under subsection (1) and are entitled to be heard on the application.

The court may make an order indefinitely suspending the reporting obligations of the offender only if the offender satisfies the court that they do not pose a risk to the lives or sexual safety of 1 or more children, or of children generally.

For the purpose of assessing the risk posed by the offender, the court must consider the following matters:

Despite subsection (2)(c), if the court declines an application under this section it may order that the offender is eligible to make another application within or after a specified period or specified date that is less than 5 years away.

The Police or the Department of Corrections may apply to a District Court for an order to revoke a suspension granted under subsection (4) if they believe on reasonable grounds that there has been a change in the risk posed by the offender since the suspension was granted.

The court may grant an application under subsection (7) by making an order to revoke a suspension granted under subsection (4) only if the Police or the Department of Corrections satisfy the court that the offender poses a risk to the lives or sexual safety of 1 or more children, or of children generally.

The hearing and determination of an application under this section are an exercise of the court’s criminal jurisdiction.

A registrable offender commits an offence if the offender fails to comply with any of their reporting obligations without reasonable excuse.

An offender who is convicted of an offence under this section is liable to imprisonment for a term not exceeding 1 year, or a fine not exceeding $2,000, or both.

A registrable offender commits an offence if the offender, in purported compliance with this subpart, provides information that the offender knows to be false or misleading in a material particular.

An offender who is convicted of an offence under this section is liable to imprisonment for a term not exceeding 2 years, or a fine not exceeding $4,000, or both.

The Commissioner must ensure that the register, or any part of the register, is accessed only by a person, or a class of persons, that is authorised to do so by the Commissioner in accordance with guidelines issued in accordance with this section.

The Commissioner must issue guidelines in relation to access to register information to ensure—

Despite subsection (2), the guidelines may authorise the use of register information for a purpose other than the purpose for which the register information was obtained if an authorised person reasonably believes such use is necessary to prevent, detect, investigate, or prosecute an offence punishable by a term of imprisonment.

For the purposes of this section, the register includes any information from any register maintained under a corresponding Act that is accessible by the Commissioner, regardless of whether that information is physically part of the register.

This section has effect despite any other enactment or law to the contrary.

This section applies to any register information—

The Commissioner must ensure that the register information can be accessed only in accordance with guidelines issued by the Commissioner for that purpose under section 41.

A specified agency or officer may disclose information about a registrable offender (whether or not that information is in the register) to another specified agency or officer for 1 or more of the purposes specified in subsection (2).

The purposes are the following:

Nothing in this section limits or affects—

The Commissioner may disclose register information to a corresponding Registrar or to a corresponding overseas agency for the purposes of—

The Commissioner may disclose register information to an affected person if the Commissioner believes on reasonable grounds that the registrable offender poses a threat to the life, welfare, or sexual safety of a particular child or particular children.

The Commissioner may authorise a specified agency to disclose register information to an affected person if the Commissioner believes on reasonable grounds that the registrable offender poses a threat to the life, welfare, or sexual safety of a particular child or particular children.

In this section, affected person means a person who is, in relation to a child referred to in subsection (1) or (2),—

Register information may be disclosed under sections 43 to 45 even if the identity of the registrable offender is subject to a suppression order under section 200 of the Criminal Procedure Act 2011 or has been automatically suppressed under section 201 of that Act.

The Commissioner or a specified agency must ensure, when disclosing register information in relation to a registrable offender whose identity is suppressed, that the disclosure is accompanied by notice of the suppression order or automatic suppression.

A person authorised to have access to the register or any part of the register must not disclose any register information, unless the person is—

A person to whom register information is disclosed under this subpart must not disclose that information to any other person unless that disclosure is—

A person who contravenes subsection (1) or who without reasonable excuse contravenes subsection (2) commits an offence and is liable on conviction to,—

If asked, in writing, to do so by a registrable offender, the Commissioner must provide the registrable offender with all of the reportable information that is held in the register in relation to the registrable offender.

The Commissioner must comply with subsection (1) as soon as practicable after being asked to do so.

A registrable offender may make a written request to the Commissioner to amend any reportable information held in the register in relation to the registrable offender that is incorrect (and the Commissioner must, if satisfied that it is incorrect, amend the information).

The Commissioner must take reasonable steps to notify the registrable offender as to whether the Commissioner will comply with a request under subsection (3).

If the Commissioner denies a request made under subsection (3), the Commissioner must ensure that the details of the request and the denial of the request are recorded in the register.

In this section, reportable information means information reported by the registrable offender under subpart 2 of Part 2.

This section applies if a person believes that—

However, this section does not apply to a person who has been placed on the register as a result of a registration order (and who may appeal against that order under section 9(6)).

The person may apply in writing to the Commissioner to review the following:

The person’s reporting obligations are not suspended because the person made the application.

On receiving an application for a review, the Commissioner must—

This section applies to a person who has received written notice from the Commissioner under section 49(6)(d) that the Commissioner has confirmed a decision specified in section 49(3).

The person may appeal to a District Court against the review decision.

Sections 273 and 274 and subpart 12 of Part 6 of the Criminal Procedure Act 2011, so far as they are applicable and with the necessary modifications, apply to an appeal under subsection (2).

No further appeal lies from the District Court’s determination of an appeal under this section.

The Commissioner is responsible for administering the register.

The Commissioner must consult the chief executive of the Department of Corrections before making significant operational decisions about the way in which the register is administered.

For the purpose of administering the register, the Commissioner may appoint 1 or more of the following employees to be authorised persons:

This section applies if the Commissioner, under section 49(6)(c), changes a decision about the length of a person’s reporting period.

The Commissioner must ensure that the entry in the register for the reporting period is corrected.

Information obtained or taken by the Police under subpart 2 of Part 2, including identifying particulars, may be entered, recorded, and stored on a Police information recording system.

Information recorded on any Police information recording system is not register information for the purposes of this Act.

This section applies if—

The Commissioner must ensure that the information specified in subsection (3) is removed from—

The specified information is—

This subpart applies despite anything to the contrary in the Births, Deaths, Marriages, and Relationships Registration Act 2021.

A registrable offender must not apply to the Registrar-General to register a change of their name under the Births, Deaths, Marriages, and Relationships Registration Act 2021 without first having obtained the written approval of the Commissioner.

A registrable offender who, without reasonable excuse, contravenes subsection (1) commits an offence and is liable on conviction to imprisonment for a term not exceeding 2 years, or a fine not exceeding $4,000, or both.

In deciding whether to approve the making of a change of name application referred to in section 53, the Commissioner must consider each of the following:

If the Commissioner approves the making of the application, the Commissioner must, as soon as is reasonably practicable, give written notice of the approval to the registrable offender who sought the approval.